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Planning appeal decision

Split Decision7 February 20253352468

Coco Grill, 34 Shad Thames, LONDON, SE1 2YG

Without planning permission the material change of use of the land from Restaurant, (E Use Class) to a Sui Generis mixed use of Restaurant, Shisha Terrace and Live Music Venue, ("the Unauthorised Use")

Authority
London Borough of Southwark
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Change of use
Inspector
Bale M

Main issues, as the Inspector framed them

  • The effect on the living conditions of nearby residents with regard to the potential for disturbance by noise and odour, and the effect on the health of nearby residents

What decided it

Odour disturbance from shisha smoking could not be reliably controlled by planning condition and caused harm to neighbours' living conditions, whereas noise from music could be adequately controlled, leading to a split decision.

The economic and employment benefits of the mixed use were not shown to outweigh the harm to neighbouring living conditions caused by odour from shisha smoking, so permission for that element was refused, while the restaurant and music venue element was permitted subject to conditions.

Plan policies cited: Policy D13, Policy D14, Policy P56, Policy P65

Judgments cited: Harrods Ltd v SSETR [2001] EWHC Admin 600

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.